An exculpatory clause is generally enforceable if the affected activity involves medical care or an essential service.

Question

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An exculpatory clause is generally not enforceable under common law, as it is considered against public policy to allow a party to waive liability for their own negligence or intentional wrongdoing. Some state laws may allow for limited enforcement of such clauses, but they are typically subject to strict scrutiny and must be supported by strong considerations of public policy, such as in the case of medical care or essential services.

An Exculpatory Clause Is Generally Enforceable If the Affected Activity